Kellar v. United States Department of Veterans Affairs
Plaintiff: Richard D. Kellar
Defendant: United States Department of Veterans Affairs
Case Number: 1:2008cv00761
Filed: April 15, 2008
Court: US District Court for the District of Colorado
Office: Personal Inj. Med. Malpractice Office
County: Douglas
Presiding Judge: Wiley Y. Daniel
Presiding Judge: Kristen L. Mix
Nature of Suit: Plaintiff
Cause of Action: U.S. Government Defendant
Jury Demanded By: 28:1331 Fed. Question: Medical Malpractice
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Date Filed Document Text
September 17, 2010 Opinion or Order Filing 213 FINDINGS OF FACT AND CONCLUSIONS OF LAW It is ORDERED that the Clerk of Court shall enter judgment in favor of Plaintiff and against the Defendant on the claim of negligence in the amount of $130,000.00. It is FURTHER ORDERED that post-judgment interest shall accrue from the date of judgment at the rate permitted by law.7 by Chief Judge Wiley Y. Daniel on 9/17/2010. (erv, )
August 12, 2010 Opinion or Order Filing 206 ORDER denying 204 Plaintiff's (Unknown, But Presumed Opposed) Motion For: An Order Clarifying Orders, by Chief Judge Wiley Y. Daniel on 8/12/10.(lyg, )
August 10, 2010 Opinion or Order Filing 202 MINUTE ORDER denying 199 Plaintiff's Rule 60 (Opposed) Motion for Relief From Order, by Chief Judge Wiley Y. Daniel on 8/10/10.(ebs, )
August 9, 2010 Opinion or Order Filing 201 Minute Entry - Courtroom Minutes for Continued Trial Preparation Conference held before Chief Judge Wiley Y. Daniel on 8/9/2010: ORDERED: The following motions are stricken and denied: Plaintiff's (Second) Rule 12(c), Federal Rules of Civil Proc edure, Motion for: Judgment on the Pleadings 196 ; Plaintiff's Rule 56(a), (c), and (d), Federal Rules of Civil Procedure, Motion for: Summary Judgment as to Liability (Alone) 197 ; and Plaintiff's Rule 56 and 57, Federal Rules of Civil P rocedure, Motion for: Declaratory Judgment, Pursuant to Rule 56(a), (c), and (d), Federal Rules of Civil Procedure, and 28 U.S.C. § 2201, as to: Defendants' Liability (Alone) 198 . With regard to Mr. Cole flagrantly disobeying the Court&# 039;s order to file an exhibit list, Plaintiff is barred at trial from introducing any exhibits other than the exhibits listed on Defendant's exhibit list filed on August 4, 2010 191 . Defendant's Motion to Dismiss Under Rule 41 for Plaint iff's Failure to Follow the Orders of the Court 200 is denied. By the close of business on August 11, 2010, Plaintiff shall file a witness list that conforms with the Courts practice standards. By the close of business on Friday, counsel shall submit the findings of fact and conclusions of law (in WordPerfect or Word) to the chambers e-mail account. (Court Reporter Therese Lindblom) (lbush)
April 13, 2010 Opinion or Order Filing 172 MINUTE ORDER This matter is before the Courton Plaintiffs (Opposed) Motion(s) Docket No. 170 , IT IS HEREBY ORDERED that Defendant shall file its response to Plaintiffs Motion, if any, on or before April 19, 2010. Plaintiff shall file any reply on or before April 23, 2010. IT IS FURTHER ORDERED that the Motion is HELD IN ABEYANCE pending further briefing. by Magistrate Judge Kristen L. Mix on 4/13/2010.(erv, )
January 25, 2010 Opinion or Order Filing 159 ORDER granting 152 Plaintiffs (Opposed) Motion For: Leave to Present Newly Discovered Evidence Of: Plaintiffs (Additional) Economic Damages, filed January 5, 2010 152 is GRANTED to the extent that Plaintiff seeks to add the exhibits attached to the motion to Plaintiffs Exhibit List. It is FURTHER ORDERED that Defendant may object to the admissibility of the new exhibits at trial. by Chief Judge Wiley Y. Daniel on 1/25/2010.(erv, )
January 5, 2010 Opinion or Order Filing 153 Minute Entry for Motion Hearing held 1/5/2010 before Chief Judge Wiley Y. Daniel: granting in part and denying in part 138 Motion to Strike ; granting in part and denying in part 142 Motion for Leave; deferring ruling until the motion is fully br iefed on 152 Motion for Leave; Motion Hearing held on 1/5/2010. Plaintiff shall submit a statement containing the opinions to be given by Dr. Deneen R. Gammons to Defendant not later than Friday, January 8, 2010. Defendnat shall submit a statement containing the opinions of the rebuttal expert to Plaintiff not later than Friday, February 5, 2010. Any Daubert motions or motions in limine shall be fled not later than Friday, February 12, 2010. (Court Reporter Therese Lindblom.) (wydcd, rrk)
October 21, 2009 Opinion or Order Filing 133 ORDER 3 day Bench Trial set for 3/8/2010 09:00 AM in Courtroom A1002 before Chief Judge Wiley Y. Daniel. Trial Preparation Conference set for 2/17/2010 at 09:00 AM before Chief Judge Wiley Y. Daniel, by Chief Judge Wiley Y. Daniel on 10/21/09. (gms, )
July 10, 2009 Opinion or Order Filing 126 ORDER authorizing videotaped deposition, by Magistrate Judge Craig B. Shaffer on 7/10/09. (cbssec)
June 17, 2009 Opinion or Order Filing 121 ORDER denying 116 Plaintiffs Counsels (Opposed) Motion for Leave to Pay Civil Contempt Monetary Sanctions, as Ordered by 112 Out of: (1) Counsels Fees From Judgment for Plaintiff; (2) Counsels Fees From Settlement Monies Paid to Plaintiff; or (3) Counsels Fees, as Awarded by the Court, to Plaintiff (as the Prevailing Party), by Chief Judge Wiley Y. Daniel on 6/17/09.(erv, )
May 28, 2009 Opinion or Order Filing 114 ORDER granting 88 Motion for Leave to Reopen Discovery to Take the Deposition of Dr. Deneen R. Gammons Dispositive Motions due by 7/13/2009. Proposed Pretrial Order due by 7/20/2009. Final Pretrial Conference set for 7/27/2009 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 5/28/09.(erv, )
May 27, 2009 Opinion or Order Filing 113 ORDER denying 87 Plaintiff and Interested Partys (Joint) Motion for Recusal or Disqualify: [sic] Magistrate Judge Kristen L. Mix, Due to (Demonstrated) Bias and Prejudice Against Plaintiff, Plaintiffs Counsel, and Interested Party, Deneen R. Gammons, Ph.D., Filed by Plaintiff and Deneen R. Gammons, Ph.D.. by Magistrate Judge Kristen L. Mix on 5/27/09.(erv, )
May 12, 2009 Opinion or Order Filing 112 ORDER AFFIRMED AND ADOPTED 94 Report and Recommendations of United States Magistrate Judge Regarding Order to Show Cause, entered by Magistrate Judge Kristen L. Mix on April 14, 2009. In accordance therewith, it is ORDERED that the Order to Show Ca use is made absolute and Plaintiffs counsel, Derek W. Cole, is hereby found to be in civil contempt for his violations of the Courts Orders 56 & 68 . It is FURTHER ORDERED that Plaintiffs counsel be fined $1,000.00 for the conduct set forth above, which shall be paid not later than Friday, June 12, 2009. by Chief Judge Wiley Y. Daniel on 5/12/09.(erv, )
April 21, 2009 Opinion or Order Filing 103 MINUTE ORDER granting 99 Motion for Leave to file a JointSupplement to Motion to Recuse"; denying 100 Motion to Clarify; granting 101 Motion for Extension of Time on or before April 24, 2009, Plaintiff and Dr. Gammons shall file a Joint Supplement to Motion to Recuse. No further extensions of time will be permitted. by Magistrate Judge Kristen L. Mix on 4/21/09.(erv, )
April 17, 2009 Opinion or Order Filing 98 MINUTE ORDER granting 96 Plaintiff's Motion to Amend 87 Recusal Motion by Magistrate Judge Kristen L. Mix on 4/17/09.(erv, )
April 14, 2009 Opinion or Order Filing 95 ORDER that on or before April 30, 2009, Defendant shall pay Dr. Gammons the amount of $43.32 for the costs incurred by her in copying and mailing the subpoenaed medical records. by Magistrate Judge Kristen L. Mix on 4/14/09. (erv, )
March 24, 2009 Opinion or Order Filing 84 ORDER denying 80 Joint Motion to Amend the Court Order; denying 82 Joint Motion for Protective Order. IT IS FURTHER ORDERED that Dr. Gammons shall produce all records in her possession pertaining to Plaintiff to Defendants attorney on or before M arch 24, 2009 at 5:00 p.m. This Court will entertain no further motion to avoid production of these materials. Failure to timely comply with this Order shall subject Dr. Gammons and/or Plaintiff to sanctions, including sanctions for contempt. by Magistrate Judge Kristen L. Mix on 3/24/09.(erv, )
March 20, 2009 Opinion or Order Filing 78 Minute Entry for proceedings held before Magistrate Judge Kristin L. Mix: Motion Hearing held on 3/20/2009, denying 60 Motion for Relief from Order. Interested Party shall produce all records in her possession pertaining to Plaintiff to the Defendant's attorney on or before 03/23/09. (Court Reporter FTR - Kathleen Finney.) (wjc, ) Modified on 3/23/2009 to correct Judge hearing case (wjc, ).
February 6, 2009 Opinion or Order Filing 56 ORDER granting 42 Motion to Compel; denying 30 Motion to Quash; denying 31 Motion to Quash; denying 34 Motion for Protective Order. Dr. Gammons shall respond to Defendant's subpoena on or before 02/20/09, by Magistrate Judge Kristen L. Mix on 02/06/09.(wjc, )
January 14, 2009 Opinion or Order Filing 49 ORDER denying 45 Plaintiff's Motion for Protective Order, by Magistrate Judge Kristen L. Mix on 1/14/09.(erv, )
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Plaintiff: Richard D. Kellar
Represented By: Derek W. Cole
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Defendant: United States Department of Veterans Affairs
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